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Final Penalty Order to Sager Creek Foods

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Final Penalty Order to Sager Creek Foods CITY OF SILOAM SPRINGS, ARKANSAS In the Matter of: ) ) ORDER FOR ADMINISTRATIVE Sager Creek Foods, Inc. ) FINE AND RECOVERY OF COSTS 14961 Readings Road ) Siloam Springs, AR 72761 ) ) FEBRUARY 17, 2016 Proceedings under Siloam Springs ) City Code Sections 98-763 and 98-764 ) AUTHORITY This Order for Administrative Fine and Recovery of Costs is issued under the authority vested in the City of Siloam Springs City Administrator pursuant to Siloam Springs City Code Sections 98-763 and 98-764. FINDINGS OF FACT AND CONCLUSIONS OF LAW The City Administrator finds that Sager Creek Foods, Inc. ("Sager Creek Foods") is in violation of Pretreatment Permit No. 009, issued April 10, 2015 to Sager Creek Foods and in violation of Siloam Springs City Code Chapter 98, Article V, Industrial Pretreatment. The City Administrator issued a Cease and Desist Order to Sager Creek Foods on October 7, 2015. The Cease and Desist Order was based on the following facts: 1. Pursuant to Authorization to Discharge Wastewater under the National Pollutant Discharge Elimination System and the Arkansas Water and Air Pollution Control Act, Permit Number AR0020273, issued to the City of Siloam Springs (“City”) effective September 24, 2007 ("NPDES Permit"), the City is required to establish, implement, and enforce an industrial pretreatment program. 2. The City’s Industrial Pretreatment Program was approved by Arkansas Department of Environmental Quality on August 22, 1984 and subsequently modified and approved on March 3, 2000 and on November 30, 2012. The City’s Industrial Pretreatment Ordinance is set forth at City Code Chapter 98, Article V. 3. The City’s Pretreatment Program implements Section 307(b) of the Federal Clean Water Act, 33, U.S.C. § 1317(b) and National Pretreatment Program requirements set forth at 40 C.F.R. Part 403. 4. Sager Creek Foods owns and operates a vegetable processing and canning plant at 14961 Readings Road, Siloam Springs, Arkansas, classified by SIC No. 2032, 2033, NAICS 311421, 311422. Sager Creek Foods is a non-domestic wastewater source in Benton County, Arkansas. Sager Creek Foods introduces pollutants within the meaning of Section 502(6) of the Federal Clean Water Act, 33 U.S.C. section 1362(6) and City Code 98-479, into the Siloam Springs sewer collection system for treatment in the Siloam Springs Wastewater Treatment Plant, which is a POTW within the meaning of Section 307(b), 33 U.S.C. section 1317(b), and 1 National Pretreatment Program regulations at 40 C.F.R. Part 403. Sager Creek Foods is a "User" as defined in City Code 98-479. 5. On April 10, 2015, the City issued Wastewater Discharge Permit No. 009, to Sager Creek Foods authorizing the discharge of pretreated wastewater from Sager Creek Foods to the City of Siloam Springs sewer collection system and City POTW (Pretreatment Permit). (a) The Pretreatment Permit sets forth numerical discharge limitations, best management practices, monitoring and recordkeeping, and notification and reporting requirements, all as required to implement the City’s Pretreatment Program and the National Pretreatment Program. (b) The Pretreatment Permit, Part II. Section A, requires that the permittee, Sager Creek Foods, comply with all permit conditions and applicable provisions of the Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, City Code Article 98, Article V, and all orders, rules, and regulations issued pursuant to those laws. 6. The Pretreatment Permit, Part I. Section A – Discharge Limitations sets forth the following discharge limitations for discharges from Sager Creek Foods to the City POTW: Daily Maximum Maximum Monthly Pollutant (mg/l) Average (mg/l) Oil and Grease 100 mg/l 100 mg/l pH Between 6 – 9 N/A Total Suspended Solids 900 mg/l 305 mg/l BOD 900 mg/l 375 mg/l COD Report Only mg/l Report Only mg/l Maximum Discharge 1,500,000 MGD 1,500,000 MGD Phosphorus (T) 15 mg/l 10 mg/l Ammonia (NH3-N) 20 mg/l 10 mg/l Nitrate-Nitrogen (NO3) 10 mg/l 7 mg/l Cyanide Report only mg/l Report only mg/l Zinc Report only mg/l Report only mg/l Copper 1.4 lbs/day 1.1660 lbs/day Mercury Report Only mg/l Report Only mg/l TKN 50 mg/l 45 mg/l 7. The Pretreatment Permit Part II. Section A, Paragraph 1 sets forth the permittee’s duty to comply as follows: The permittee must comply with all conditions of this permit and all applicable provisions of the Federal Clean Water Act, 33 U.S.C. sections 1251 et seq., the Arkansas Water and Air Pollution Control Act, Ark. State. Ann. sections 82-1901 et seq., City Ordinance No. 1084, and all orders, rules, and regulations issued 2 pursuant to those laws. Any permit noncompliance constitutes a violation of the Federal Clean Water Act and the Arkansas Water and Air Pollution Control Act and is grounds for enforcement action, for permit termination, revocation and re- issuance, or modification, or for denial of a permit renewal application. 8. The purpose and policy of the City’s Industrial Pretreatment Code is to prevent the introduction of pollutants into the City POTW that will pass through or otherwise be incompatible with the wastewater treatment works. City Code 98- 746. 9. The National Pretreatment Regulations at 40 C.F.R. 403.5(a)(1) prohibit an industrial user from introducing into a POTW any pollutant(s) which cause pass through or interference. 10. City Code 98-479 and the National Pretreatment Regulations at 40 C.F.R. section 403.3(p) define pass through as: A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirements of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation. 11. City Code 98-479 and the National Pretreatment Regulations at 40 C.F.R. section 403.3(k) define interference as: A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore , is a cause of a violation of the city’s NPDES permit. 12. The Pretreatment Permit, Part II. Section B, Paragraph 1 requires proper operation and maintenance as follows: The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit and the City Ordinance 1084, 98-792. Proper operation and maintenance includes Best Management Practice (BMPs). 13. The Pretreatment Permit, Part II. Section B, Paragraph 7 requires the mitigation of power failures as follows: The permittee is responsible for maintaining adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failure by such means as alternate power sources, standby generators, or retention of inadequately treated effluent. 3 14. The Pretreatment Permit, Part II. Section D, Paragraph 6 requires twenty-four hour reporting as follows: The permittee shall report any noncompliance which may endanger health or adversely affect the wastewater treatment facility. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five (5) days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The City may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. The following shall be included as information which must be reported within 24 hours: (a) Any unanticipated bypass which exceeds any effluent limitation in the permit; (b) Any upset which exceeds any effluent limitation in the permit; (c) Violation of a maximum daily discharge limitation for any of the pollutants listed by the City in Part I of the permit; and (d) Any act or event which may endanger public health or adversely affect the wastewater treatment facility. 15. The Pretreatment Permit, Part II. Section D, Paragraph 1 requires notification of planned changes as follows: Any change in the facility discharge (including the introduction of any new source of discharge or changes in the quantity or quality of discharges of pollutants) must be reported to the permitting authority. In no case are any new connections, increased flows, or significant changes permitted that will cause violation of the discharge limitations specified herein. City Code 98-621 requires 60 days’ notification to the City of planned significant changes to operations or systems which might alter the nature, quality, or volume of its wastewater discharge. 16. The Pretreatment Permit, Part II. Section D, Paragraph 2 requires advance notice of anticipated noncompliance as follows: The permittee shall give advance notice to the City of any planned changes in the permitted facility or activity which may result in noncompliance with permit 4 requirements. Such notice does not constitute any defense in any enforcement action. 17. The Pretreatment Permit, Part II. Section B, paragraph 5 and City Code 98-622 require notification of slug loading as follows: In accordance with 40 CFR, Section 403.12(f), permittee shall notify the POTW (Phone No.
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